CASES IN CHANCERY, 1840: 2d May. BEFORE THE VICE-CHANCELLOR. TURNER v. HILL. LIBRARY The owner of nearly one-half the shares in a valuable mine in Cornwall, (which was divided into 1,624 shares) having become bankrupt, his assignee and the other shareholders agreed, without the consent of the creditors, to dispose of his shares amongst themselves and their friends; and, in order to effect that object, they arranged that the mine should be sold under a decree of the Vice-Warden of the Stannaries, in an amicable suit to be instituted by a creditor of the mine against the then shareholders; that the mine should be repurchased by the assignee at a certain sum, and that a new company should be formed, consisting of the old and new shareholders. The bankrupt's shares were disposed of accordingly, the assignee and the old shareholders agreed to take some of them, H. and T. to take another jointly; and certain other persons, the remainder. Afterwards it was agreed that the shares in the mine should be altered to 54 shares. The decree was then obtained, and the mine sold and repurchased as had been arranged. H. and T. then agreed to sever their share. The creditors having discovered the circumstances under which the bankrupt's shares had been disposed of, the assignee was removed, and the plaintiff appointed in his place. The plaintiff filed a bill against H. alone, alleging that H. and all the other shareholders had notice of the circumstances before mentioned, and praying that H. might transfer her share to him, and account for and pay to him the profits thereof, and that a receiver might be appointed of the profits of the mine. Held that "the profits of the mine," must be taken to mean the profits of the share sought to be recovered; and that none of the other shareholders were necessary parties to the bill. THE plaintiff was the surviving assignee of Thomas and John Gundry, bankrupts. The object of the bill was to recover a share in certain mines, in Cornwall, *formerly be- [*2] longing to the bankrupts, which had been purchased by |